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HomeMy WebLinkAboutChen Ryan Associates; 2024-04-04; PSA24-3419TRANPSA24-3419TRAN City Attorney Approved Version 12/22/2023 Page 1 AGREEMENT FOR VILLAGE & BARRIO TRAFFIC CIRCLES SERVICES CHEN RYAN ASSOCIATES, INC., dba, CR ASSOCIATES THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2024, by and between the City of Carlsbad, California, a municipal corporation ("City") and Chen Ryan Associates, a California corporation dba CR Associates ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in bid and construction support. B. Contractor has the necessary experience in providing professional services and advice related to bid and construction support. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year(s) from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year(s) or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed twenty-nine thousand eight hundred thirty dollars ($29,830). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed forty five thousand dollars ($45,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C 4th April PSA24-3419TRAN City Attorney Approved Version 12/22/2023 Page 2 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C PSA24-3419TRAN City Attorney Approved Version 12/22/2023 Page 3 subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C PSA24-3419TRAN City Attorney Approved Version 12/22/2023 Page 4 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C PSA24-3419TRAN City Attorney Approved Version 12/22/2023 Page 5 documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City For Contractor Name Brandon Miles Name Roberto Ruiz-Salas Title Associate Engineer Title Department Public Works Address 3955 5th Avenue, Suite 310 City of Carlsbad San Diego, CA 92103 Address 1635 Faraday Ave Phone No. (619) 307-5593 Carlsbad, CA 92008 Email rruizsalas@cramobility.com Phone No. 442-339-2745 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C PSA24-3419TRAN City Attorney Approved Version 12/22/2023 Page 6 Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering March 21, 2024 (March 21, 2024) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C PSA24-3419TRAN City Attorney Approved Version 12/22/2023 Page 7 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 25. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 27. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C PSA24-3419TRAN City Attorney Approved Version 12/22/2023 Page 8 28. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this___________ day of _______________________, 2024. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California CHEN RYAN ASSOCIATES, a California corporation dba CR Associates By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Monique Chen, President (print name/title) By: (sign here) Ross Duenas, CFO (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C 4th April PSA24-3419TRAN City Attorney Approved Version 12/22/2023 Page 9 EXHIBIT A SCOPE OF SERVICES AND FEE DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C March 21, 2024 Brandon Miles, PE, TE, QSD Associate Engineer City of Carlsbad Public Works Branch – Transportation Engineering 1635 Faraday Ave Carlsbad, CA 92008 Re: Village and Barrio Traffic Circles and Street Lighting Engineering Services Dear Brandon Miles, CR Associates (CRA) [formerly Chen Ryan Associates, Inc.] is pleased to submit this letter proposal to the City of Carlsbad (the “Client”) to provide professional engineering services related to the Village and Barrio Traffic Circles, Street Lighting, Water and Sewer Improvements in the City of Carlsbad (the “Proposed Project”). Project Understanding The City of Carlsbad has secured CPFCDS funding to improve 5 intersections in the City with: the construction of a traffic circle, improve street lighting, relocate water and sewer lines, construct curb ramps, and striping. A total of 5 traffic circles will be constructed, 11 water lines and seven sewer lines will be relocated. The City has requested CR Associates provide bid and design during construction support services Scope of Services Task 1 - Bid Period Support Services It is assumed the bidding process will occur over a three month period. CRA’s services include:  Up to 6 coordination meetings with City Task 2 - Design Support During Construction (DSDC) CRA will provide design support services during construction (DSDC) as directed by the City Project Manager (up to 92 hours have been budgeted for this task). DSDC effort shall include the following: Coordination with Construction Management (CM) Team – CRA will coordinate with the City’s PM and CM team to provide project design support, either in person or via telephone/email during the construction phase of the project. Review Submittals – CRA will review and provide approval or recommendation of other appropriate action in respect to Contractor-prepared submittals required by the specifications, including shop drawings, product catalog cut sheets, certificates of compliance, samples, and other data which the Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety procedures and programs. Schmidt Design Group (SDG) will review and approve submittals, substantial completion approval, and a post-maintenance review trip relating to hardscape, planting and irrigation improvements. Respond to Requests for Information (RFI) - CRA will review and respond to Contractor generated RFIs forwarded from the City’s CM and issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the Contractor's work. Any orders authorizing variations from the Contract Documents will be made by the City’s CM. Schmidt Design Group (SDG) will review and approve RFIs, prepare ASI’s and bulletins, and provide trips to site for coverage test relating to hardscape, planting and irrigation improvements. DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C Page 2 of 2 All responses will be transmitted electronically to the City and the CM via email. Prepare Design Revisions – CRA will prepare revisions to design plans as directed by the City. Design revisions will be annotated in a manner directed by the City’s PM. CRA will work with the City’s CM team to assess the purpose for implementing a potential change, to develop an appropriate solution, and will then develop corresponding revisions to the plans. Design revisions may be in response to action required by an RFI, CCO, an unforeseen site condition, informal value-engineering, etc. Design revisions will be transmitted in PDF file format. Task 3 - Project Coordination and Management CRA will perform project management and administration services consisting of invoicing (with associated back up), monitoring progress against budget, and overall quality assurance (QA). Specific quality control (QC) efforts for each deliverable document are included in the task covering that document. CRA will spend up to thirty minutes each month, up to twenty-seven (27) months total, coordinating with City staff via email and telephone. Additional Services Any services not specifically described in the above scope, as well as any changes in the scope the Client requests, will be considered Additional Services and will be performed at our hourly rates below. Prior to commencing the Additional Services, the Consultant shall obtain prior written approval from the Client. Additional services we can provide include, but are not limited to, the following:  Revisions to Bid or Construction Documents  Record Drawings  Utility coordination  Construction surveying  Geotechnical observations  Pre and post survey monument preservation  Construction staking  QSP services Project Schedule We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule. Compensation CRA will perform the scope of services outlined above on a time and materials basis for a fee of up to $29,830. Direct expenses will be invoiced at cost. Fees will be invoiced monthly based on the effort spent. Payment will be due within 30 days of the date of the invoice. Additional services will be billed per the fee rate schedule. We appreciate the opportunity to submit this proposal. Sincerely, Ross Duenas, Chief Financial Officer DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C Task Description $300.00 $280.00 $250.00 $210.00 $165.00 $160.00 $300.00 $250.00 Task 1 - Bid Support Services 0 0 6 0 0 0 6 $ 1,500 $ - $ - $ - 1,500$ Coordination Meetings 6 6 1,500$ 1,500$ Task 2 - Design Support During Construction (DSDC)0 6 14 36 18 0 74 $ 15,710 0 18 18 $ 4,500 20,210$ 2.1. Coordination With CM team 2 12 14 3,020$ 0 -$ 3,020$ 2.2. Review Submittals 4 8 12 2,680$ 6 6 1,500$ 4,180$ 2.3. Respond to Requests for Information (RFI)2 4 10 6 22 4,650$ 6 6 1,500$ 6,150$ 2.4. Prepare Design Revisions 4 4 6 12 26 5,360$ 6 6 1,500$ 6,860$ Task 3 - Project Coordination and Management 2 0 7 14 0 14 16 $ 7,530 7,530$ Project Management 2 7 7 16 3,820$ 3,820$ Project Accounting 7 14 3,710$ 3,710$ Expenses 590$ Total 2 6 27 50 18 14 96 $ 24,740 0 18 $ 29,830 Landscape Architect Partner Senior Professional 2 Senior Professional 1 Professional Analyst Admin / Accountant 3/21/2024 Total Village and Barrio Traffic Circles and Street Lighting Engineering Services CR Associates CR Associates CRA Hours CRA Subtotal Sub Hours Sub SubtotalPrincipal Schmidt Design GroupLandscape Architect President DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C Carlos Sanchez Kremer SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 11/22/2023 Kremer Insurance Agency 9672 Via Excelencia San Diego CA 92126 Carlos Sanchez Kremer 858-547-9435 858-486-5440 admin@kremerins.com Chen Ryan Associates Inc. Dba CR Associates 3900 5th Ave Ste 310 San Diego CA 92103 Mid Century Insurance Company 21709 Mid Century Insurance Company 21687 Travelers Casualty and Surety Company A ✖ ✖ ✖Crime Coverage: 1,000,000 ✖ x x B09463374 11/22/2023 11/22/2024 2,000,000 75,000 5,000 2,000,000 4,000,000 2,000,000 CYBER LIABILITY 1,000,000 A ✖ ✖✖ x x 605878585 11/22/2023 11/22/2024 2,000,000 A ✖ ✖ 606683420 11/22/2023 11/22/2024 1,000,000 1,000,000 B x B09463374 11/22/2023 11/22/2024 ✖ 1,000,000 1,000,000 1,000,000 C Professional Liability 106201541 11/22/2023 11/22/2024 EACH CLAIM $3,000,000 AGGREGATE $4,000,000 DEDUCTIBLE $25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad is listed as additional insured. Waiver of subrogation in favor of certificate holder. Coverage is primary and non- contributory. 30 day notice of cancellation in favor of certificate holder. RE: All Projects PO Box 947 Murrieta CA 92564 City of Carlsbad/CMWD-c/o EXIGIS Insurance Compliance DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C ADDITIONAL INSURED – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE The BUSINESSOWNERS LIABILITY COVERAGE FORM is amended as follows: A.With respect to the additional insured described in Paragraph B. of this endorsement, the following exclusions are added to Paragraph 1. Applicable To Business Liability Coverage under Section B. Exclusions: This insurance does not apply to: 1.“Bodily injury” or “property damage” for which the additional insured(s) is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the additional insured(s) would have in the absence of the contract or agreement. 2.“Bodily injury” or “property damage” occurring after: a.Your ongoing operations at the location of covered operations other than service maintenance or repairs performed by you or on your behalf have been completed; or b.The portion of your ongoing operation out of which the “bodily injury” or “property damage” arises has been put to its intended use by any person or organization. But in no event shall this insurance apply to “bodily injury” or “property damage” arising out of your operations that were completed prior to the effective date of this endorsement. 3.“Bodily injury” or “property damage” arising out of any act or omission of the additional insured(s) or any of its “employees”, agents or contractors other than you, except for general supervision by the additional insured(s) of your ongoing operations performed for that additional insured. 4.“Property damage” to: a.Property owned, used or occupied by or rented to the additional insured(s); b.Property in the care custody or control of the additional insured(s) or over which the additional insured(s) exercise physical control; or c.Any work including materials, parts or equipment furnished in connection with such work which is performed for the additional insured by you. POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. J6840 2nd Edition J6840-ED2 09-18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 93-6840 J6840201 Name Of Additional Insured Person(s) Or Organization(s): Location Of Covered Operation(s): Effective Date Of Endorsement: If no entry appears above, information required to complete this endorsement will be shown in the Declarations. The City of Carlsbad  All CA Operations 605878585 DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C B.Section C. Who Is An Insured is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only to the extent that the additional insured(s) is held liable for “bodily injury” or “property damage” caused in whole or in part by: 1.Your ongoing operations performed for such person or organization at the location designated above; 2.The acts or omissions of your subcontractors acting on “your” behalf on the scheduled project in the performance of your ongoing operations for the additional insured(s) which start and are completed within the effective period of this endorsement; or 3.The acts or omissions of such additional insured(s) in connection with its general supervision of such operations. C.With respect to this endorsement, “wrap up policy” means an Owner or Contractor Controlled Insurance Program providing one or a series of policies designed to cover a specific construction project that insures all of the persons and entities working on such project. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended as follows: A.With respect to the additional insured described in Paragraph B. of this endorsement, Section H. Other Insurance is replaced by the following: H. Other Insurance 1. Primary and Noncontributory Insurance The coverage provided to an additional insured under this endorsement shall be primary and noncontributory ONLY to any insurance issued directly to the additional insured if: a.The Named Insured agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis; b.Such written contract or written agreement referenced in a. above was executed prior to the issuance of this endorsement; c.The additional insured designated herein has a policy with an Other Insurance provision making that policy excess; and d.There is no “wrap up policy” in effect for the work performed at the location designated in the Schedule of this endorsement. 2. Excess Insurance If there is other valid and collectable insurance available to the additional insured(s) as an additional insured under other policies covering the work performed at the location designated and described in the schedule of this endorsement, this insurance will be excess over those policies. J6840-ED2 09-18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 93-6840 J6840202 This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C POLICY NUMBER:COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 †† DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORMGARAGE COVERAGE FORMMOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. 11/22/2023 CHEN RYAN ASSOCIATES INC. The City of Carlsbad 605878585 DocuSign Envelope ID: CC17F33A-EA54-484F-95F7-84D0B69E866C